Fraudulent misrepresentation, occurs when a false statement is knowingly made about an important fact, with the intent that the representation will cause another to act upon it, and the party relying on the representation is injured or damaged as a result. This can be the basis of legal action in some probate situations. When an […]
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The term “probate” refers to the process by which a deceased individual’s assets are distributed to their heirs or beneficiaries, when the assets do not have beneficiary designations and are not held jointly with rights of survivorship. In Florida, this process can be either a formal administration or summary administration. A formal administration requires appointment
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Conflicts between siblings during the probate process often arise when it comes to the division of assets. Litigation between siblings may cause a rift and lead to emotional family conflicts. An experienced probate litigation attorney can help you navigate family probate problems, and work towards the fair and proper resolution or division of an estate.
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Under Florida law, when a loved one passes away, their primary place of residence (provided that it meets the necessary criteria to enjoy homestead protection) is a non-probate asset. This means that, once the probate court determines a property to be a protected homestead, the property will pass outside of the probate process and will
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An Affidavit of Heirs or Affidavit of Heirship is a sworn statement, given under oath, that identifies the relatives who may be the heirs of a person who passes away. The Affidavit of Heirs should list the names, ages, and addresses of the decedent’s relatives, and it should indicate the date of death of any
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In Florida probate cases, a petition to sell real property is filed by the personal representative of an estate when court approval is needed to sell real estate. The court will approve the sale if it is in the best interest of the estate and those who have an interest in the property. Notice of
What Is a Petition to Sell Real Property? Read More »
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